Portland, ME Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing section
- City Code § 17-114
- Prohibited locations
- Public spaces, school grounds, transit infrastructure
- Legal possession limit
- 2.5 oz. for adults 21+
- Default penalty
- $100-$500 per offense (§1-15)
- Adopted
- Referendum, 11-5-2013
Summary
Portland prohibits recreational marijuana use, and even the act of checking how much you're carrying, in public spaces, on school grounds, and on transportation infrastructure. Adults 21 and older may otherwise possess up to 2.5 ounces, but consumption stays behind closed doors.
(1) Recreational use of marijuana in public spaces, school grounds, and on transportation infrastructure is prohibited. (2) Engagement in activities for the purpose of ascertaining the possession of marijuana in public spaces, school grounds, and on transportation infrastructure is prohibited. (3) Adults under 21 and minors may not engage in the recreational use, possess, or engage in activities for the purpose of ascertaining the possession of marijuana and paraphernalia. (4) Landlords and property owners may restrict the smoking of marijuana on their property by posting "No smoking signs," that apply to marijuana and tobacco, near the entrances.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
City Code § 17-114, adopted by referendum in November 2013 and part of Article VIII governing recreational marijuana, spells out where use is off-limits even though Article VIII legalized adult recreational marijuana within Portland. 5 ounces of marijuana and paraphernalia, and even engage in activities to ascertain how much they're carrying. But Section 17-114 draws a hard line at three prohibited locations: public spaces, school grounds, and transportation infrastructure, both actually smoking or vaping there and simply measuring out a quantity of marijuana there are barred.
Adults under 21 and minors cannot use, possess, or handle marijuana or paraphernalia at all under this article. Landlords and property owners get an explicit tool: Section 17-114(4) lets them restrict marijuana smoking on their property by posting 'No smoking' signs that cover both marijuana and tobacco near entrances. Medical marijuana carries a separate carve-out at Section 17-115 for patients under 21. The city code does not set out a stand-alone fine schedule for Article VIII violations, so enforcement falls back on the Code's general penalty provision, Section 1-15, which applies whenever an act is declared unlawful without its own specified penalty.
Violations & Fines
No dedicated fine schedule appears in Article VIII, so a public-use citation defaults to City Code § 1-15's general penalty: not less than $100 nor more than $500 per offense, with each day or act of violation counted as a separate offense. Portland Police enforce the public-space, school-grounds, and transportation-infrastructure restrictions.
Frequently Asked Questions
Can I smoke marijuana on a Portland sidewalk?
Is it illegal to just carry marijuana in public in Portland?
Can my landlord stop me from smoking marijuana at home?
What's the fine for using marijuana in public in Portland?
Sources & Official References
Other rules in Portland
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